ESS TRUST DEED OF TRUST made and entered into by and be VICKY MCLACHLAN Identity Number 811102 0131 08 9 (hereinafter referred to as "the SETTLOR") and VICKY MCLACHLAN Identity Number 811102 0131 08 9 and NANDI VAN COLLER Identity Number 861201 0085 08 6 And HILTON TRAFFORD WALSH Identity Number 870923 5035 08 4 And SHANNON VICTORIA WALSH Identity Number 900829 0129 08 3 Rew SPage 2 And RYAN PAUL HOGARTY Identity Number: 8403075073088 (hereinafter referred to as "the TRUSTEES")Page 3 RECITALS WHEREAS the SETTLOR has entered into an agreement with the TRUSTEES to establish a TRUST to be known as ESS TRUST for the BENEFICIARIES hereinafter referred to; and WHEREAS the TRUSTEES have agreed to accept ownership of the TRUST FUND and to undertake the obligations of the TRUST according to the terms set out herein; and WHEREAS the parties wish to recover the terms of the said agreement in writing, ao DEFINITIONS 14 "ASSETS" or "FUND" or "TRUST ASSETS" or "TRUST FUND" shall mean and include: 444 Any business interests to be acquired and administered by the TRUST; 44.2 any monies, securities, investments, properties or ASSETS which may be acquired by the TRUSTEES or which any person may donate or vest or cause to be vested in the TRUSTEES as part and for the purposes of the TRUST; 1.1.3 any substituted ASSETS held by the TRUSTEES; 1.1.4 all dividends, interest and income arising from any monies, securities, investments, properties or ASSETS held by the TRUSTEES; 1.1.5 any incorporeal or corporeal, both movable and/or immovable, Property acquired and administered by the TRUST. 12 "BENEFICIARY" shall mean any person holding an interest in or entitled to receive a benefit under this deed from amongst the members of the classes or members within a class or potential beneficiaries consisting of:- 1.2.1 VICKY MCLACHLAN; 1.2.2 The husband or widower of VICKY MCLACHLAN; yw ay?Page 4 1.2.3 NANDI VAN COLLER; 1.2.4 The husband or widower of NANDI VAN COLLER; 1.2.5 HILTON TRAFFORD WALSH; 1.2.6 The wife or widow of HILTON TRAFFORD WALSH; 1.2.7 SHANNON VICTORIA WALSH; 1.2.8 The husband or widower of SHANNON VICTORIA WALSH; 1.2.9 The LAWFUL ISSUE of VICKY MCLACHLAN and/or NANDI VAN COLLER and/or HILTON TRAFFORD WALSH and/or SHANNON VICTORIA WALSH; 1.2.10 The children of the LAWFUL ISSUE of VICKY MCLACHLAN and/or NANDI VAN COLLER and/or HILTON TRAFFORD WALSH and/or SHANNON VICTORIA WALSH; 1.2.11 The direct descendents and ascendants of VICKY MCLACHLAN and/or NANDI VAN COLLER and/or HILTON TRAFFORD WALSH and/or SHANNON VICTORIA WALSH "INTEREST" shall mean in respect of a BENEFICIARY his beneficial entitlement to a portion of the TRUST FUND or the income thereof subject to the provisions of this deed; "THE TRUSTEES" shall mean the persons agreeing in terms of this deed to accept office as TRUSTEES and their successors as TRUSTEES for the time being acting in terms of this deed; "VALUE" in regard to beneficial interests and voting shall mean the value of the respective interests of each BENEFICIARY concerned in the TRUST's capital account based on the balance sheet value of the TRUST ASSETS as at the ede24 22 23 24 25 26 2% 28 Page 5 TRUSTEES The appointment, removal and assumption of a TRUSTEE shall be effected by means of majority resolution of the trustees for the time being, except in the case where a trustee has resigned and there are only two trustees, in this instance there shall be a resolution by those two trustees remaining trustees. Any of the TRUSTEES may at any time retire from office by notice in writing to the person who appointed him/her as his/her co-TRUSTEE and by lodging a copy of such notice at the office of the TRUST. The TRUSTEES for the time being in office may appoint from amongst themselves an administrative TRUSTEE who shall be entitled to charge fees for services rendered to the TRUST as administrative TRUSTEE, A TRUSTEE who if he/she were a director of a company would be disqualified from being a director by virtue of the relevant provisions of the laws relating to companies, shall cease to hold office as TRUSTEE forthwith The TRUSTEES accept office as TRUSTEES under and subject to the terms of this deed and are hereby charged and vested with the administration and control of the TRUST ASSETS. Howsoever or in whatsoever manner the TRUST ASSETS may be held or registered they shall be deemed held on behalf of and for the account of the TRUST and at no time shall the TRUSTEES acquire for themselves or their personal account any vested right in the TRUST ASSETS save insofar as a TRUSTEE may himself be a BENEFICIARY, The TRUSTEES shall not be obliged to furnish security to the Master of the High Court or any other officials, for their due and faithful administration of the TRUST. A TRUSTEE shall not be disqualified by his office from contracting with the TRUST, nor shall any contract entered into by or on behalf of the TRUST in which any TRUSTEE is interested be declared null and void, nor shall any TRUSTEE so contracting be liable to account to the TRUST by reason only of such TRUSTEE holding that office, provided that the TRUSTEE concemed shall disclose the full ow At29 2.10 2 2.12 2.13 Page 6 and precise nature of his interest, in writing, before the making of the contract. A TRUSTEE shall not be liable for any loss to the TRUST or TRUST FUND by reason of any mistake or omission made in good faith by himself, his employees or agents or by reason of any other matter or thing, except fraud or wilful wrongdoing by such TRUSTEE. In particular, no TRUSTEE shall be liable for the negligence or fault of any person employed by the TRUSTEES or for any loss as a result of the inability of the TRUSTEES to recover the whole or any part of the principal or interest of any investments made by the TRUSTEES in pursuance of the powers herein contained. Alll reasonable costs, charges, expenses and disbursements reasonably incurred by the TRUSTEES in or arising out of the administration of the TRUST, shall be borne by the TRUST FUND as a first charge. The TRUSTEES from time to time, shall be remunerated out of the TRUST FUND in respect of their normal fees for services rendered in the execution of their duties as TRUSTEES, and any professional practice of a TRUSTEE shall be entitled to its normal professional fees in respect of any services rendered by it to the TRUST. Save as provided for in this deed, no further remuneration shall be paid to the TRUSTEES. The TRUST indemnifies and holds each TRUSTEE harmless against all claims, demands and actions of whatever nature that may be made upon or brought against him or them, either jointly or severally and arising out of or in connection with any act or omission by him or by any of his co-TRUSTEES in connection with his or their duties as TRUSTEES. the TRUSTEES shall be entitled to delegate their powers to one or more of their number, and in particular they may appoint one or more of their number for the purpose of executing any documents required by the TRUST for any purpose whatsoever. wattPage7 3. OBJECTS OF TRUST 31 INVESTMENTS. The main object of the TRUST is to acquire and administer investments in incorporeal and/or corporeal, both movable and immovable, property under the name ESS TRUST for the benefit of the BENEFICIARIES. The TRUST may also hold such interests in other businesses, companies and properties of all kinds as long term capital investments as the TRUSTEES shall from time to time agree upon. 3.2 DISTRIBUTIONS 3.241 The net income of the TRUST in each financial year shall be apportioned between the BENEFICIARIES in the sole and absolute discretion of the TRUSTEES who shall have discretion to allocate, pay or distribute all or part of such BENEFICIARIES shares of the TRUST FUND (net income or capital) to any one or more of the BENEFICIARIES, or their guardians or their guardians on their behalf, in such proportions as they deem fit from time to time. 322 The TRUSTEES shall be entitled to set aside, as they may from time to time in their sole and absolute discretion decide, a portion of the net income for the purpose of repaying borrowed monies, for meeting contingencies, for effecting repairs, for creating reserves and generally for such purposes as the TRUSTEES shall deem advantageous to the TRUST. 3.2.3 the TRUSTEES shall be entitled, in their discretion, to accumulate income accruing to a BENEFICIARY or to use such income in accordance with the direction of the trustees of such BENEFICIARY and upon the terms and conditions of the trust deed of that BENEFICIARY; 3.23.1 the TRUSTEES shall be entitled (but not bound) to make any payments to the trustees of such BENEFICIARY, the receipt of whom shall be an absolute discharge to the TRUSTEES in respect of any payments so made. 3.2.4 The TRUSTEES shall have the right, in their discretion, to effect angdistribution in & ~3.25 3.26 42 43 44 Page 8 cash or in specie. prior to the termination of the TRUST, no BENEFICIARY shall have any vested right to any of the capital or income of the TRUST which has not been appropriated to that BENEFICIARY in the books of the TRUST by the TRUSTEES. Upon termination of the TRUST the TRUST FUND both income and capital shall be divided equally between the BENEFICIARIES. TERMS AND CONDITIONS OF BENEFICIAL INTERESTS The nature and extent of any benefit distributed to a BENEFICIARY shall be in the discretion of the TRUSTEES, A register of each BENEFICIARY of the TRUST shall be recorded in a register kept at the office of the TRUST. RESTRICTION ON ALIENATION OF AN INTEREST ‘The interest of a BENEFICIARY in this TRUST shall not be capable of being pledged or in any way encumbered, ceded, assigned, dealt with, disposed of or alienated whether voluntarily or as a result of attachment in execution, insolvency or death as the case may be and no such pledge, encumbrance, cession, assignment, dealing, disposal or alienation shall have any legal effect or be recognised by the TRUSTEES. A BENEFICIARY for the purpose of this clause 4 shall include (but without limitation) the executor and/or administrator and/or TRUSTEE of the estate of testamentary TRUST of a deceased BENEFICIARY, the TRUSTEE of any infer vivos TRUST established for the benefit of a BENEFICIARY, the TRUSTEE of the insolvent estate of any insolvent BENEFICIARY, the judicial manager or liquidator of any BENEFICIARY which is a company and any other person entitled to exercise any rights in respect of the property of any BENEFICIARY who is under any legal disability of any kind. PERMITTED TRANSFERS (A BENEFICIARY may cede or transfer whether by testamentary disposition or any contract or otherwise his beneficial interest or any part therggf to any other wes45 46 47 48 Page 9 BENEFICIARY. OFFER TO DISPOSE Should a BENEFICIARY ("the Seller’) wish to dispose of the whole or any portion of its interest to any person it shall first offer the same to the other BENEFICIARIES. Such offer shall be made in writing stating the price and the terms and conditions relating to payment. The offer so made shall remain open for acceptance for a period of thirty (30) days. DISPOSAL TO THIRD PERSONS Should the seller's offer not be accepted by the other BENEFICIARIES to the full extent of the interest offered for sale the seller may refuse to sell the portion in respect of which its offer has been accepted and if it so refuses it shall be free within thirty (30) days from the expiry of the offer period referred to in sub clause 4.5 to dispose of the whole of its interest to any other party. The terms and conditions offered to such other party shall not be more favourable to the offeree than those contained in the sellers offer to the other BENEFICIARIES in terms of sub clause 45 CONTINUANCE OF LIABILITY The cession or transfer of the interest of any BENEFICIARY shall not relieve himvher from any liability or obligation imposed upon him/her or assumed by him/her under or pursuant to the provisions of this deed, save to the extent that the TRUSTEES agreed thereto. SUCCESSORS TO BE BOUND BY THIS DEED. Notwithstanding anything to the contrary contained in this deed no successors in title shall in any event be recognised or have any rights in place of a BENEFICIARY unless the TRUSTEES otherwise agree, until such successors in title undertake responsibility for the liability and obligation referred to in sub clause 4.7 whether in addition to or in place of the BENEFICIARY concerned and agree in writing to be ow AIS49 74 72 Page 10 bound in alll respects by this deed INSOLVENCY OF BENEFICIARY Notwithstanding anything to the contrary contained in this deed, in the event of the insolvency of a BENEFICIARY he shall be deemed as at the date of the order of surrender or sequestration, as the case may be, to have died and no benefit shall accrue to his insolvent estate. DUTY TO APPOINT DIRECTORS In every case in which the TRUST is or shall be entitled or permitted to appoint a director to the board of directors of any private or public company or close corporation, the TRUSTEES may appoint one of their number, or other nominee of the TRUSTEES, to such appointment and may remove such appointee and appoint another in his place from time to time. Any director's fees or members remuneration, or other benefits of office accruing to such directorimember may be retained by the person concerned for his own account unless the TRUSTEES otherwise direct. REGULATION OF BUSINESS The TRUSTEES shall meet and otherwise regulate their business as the TRUSTEES shall from time to time resolve, provided that the quorum for a meeting of TRUSTEES shall be three (3) TRUSTEES present throughout the proceedings at a meeting of which all TRUSTEES shall have received due notice. VOTING Resolutions of the TRUSTEES shall be carried by a simple majority of the TRUSTEES present and voting at a meeting of which the TRUSTEES shall have received due notice and at which a quorum is present. A resolution in writing, signed by all the TRUSTEES, shall be as effective for all purposes as if it had been passed at a meeting of the TRUSTEES duly convened, held and constituted. Wy SY8.1 82 Page 11 TERMINATION OF TRUST TERMINATION The TRUST shall terminate upon a date as the TRUSTEES shall by majority decide. DISTRIBUTION Upon termination of the TRUST, the ASSETS or the balance thereof, or the proceeds of those ASSETS (after payment of all the TRUST'S liabilities or the assumption thereof by the BENEFICIARIES as agreed upon by the TRUSTEES and the BENEFICIARIES) shall be distributed in equal shares to each BENEFICIARY in the TRUSTEES discretion. The TRUSTEES shall realise the TRUST ASSETS in order to give effect to this provision. FUTURE SETTLEMENT ON TRUSTEES ‘The TRUSTEES are empowered to accept and acquire any donations, bequests or payment from the SETTLOR and/or others that may be donated, bequeathed or paid to them as an addition or with the intention to add to the TRUST, at any time in the future; and any addition so acquired shall be deemed to be part of the TRUST FUND and shall be administered and dealt with ‘subject to the terms of this deed. Any additions to the TRUST FUND so acquired may be received or realised and/or re-invested, in the sole discretion of the TRUSTEES. LEGAL PROCEEDINGS The TRUSTEES shall be entitled to sue and be capable of being sued in any Court having competent jurisdiction in respect of any matter arising out of the TRUST and all attomey and own client costs in that connection incurred by the TRUSTEES shall be a first charge on the TRUST FUND. ‘ cr"1 11.2 11.3 14 115 Page 12 POWERS OF TRUSTEES Subject to the terms and conditions of this deed, the TRUSTEES shall have unfettered discretion to determine all matters relating to the administration of the TRUST and arising therefrom. The TRUSTEES are hereby vested with such powers as are usually enjoyed by TRUSTEES and without prejudice to the generality of this provision, and in addition to the powers elsewhere herein set out, the TRUSTEES shall have the following rights and powers, namely: to call in, convert, collect and sue for all loans or other monies belonging to the TRUST FUND and to foreclose on bonds; to purchase or otherwise acquire and hold any ASSETS and property, whether movable or immovable; a to acquire and/or deal in any rights in any company, corporation or close corporation, including without limiting the generality of the foregoing, any rights of conversion of any ASSETS into other types of ASSETS held, any rights on loan accounts and to exercise generally all rights attached to any shares in any company or close corporation without limiting the foregoing generality, the right to vote in accordance with their shareholding and the right to consider and make a decision in regard to any compromise or any scheme of arrangement which may be proposed in respect of any company or close corporation and to authorise any person, including a TRUSTEE, to do all of the aforementioned things on behalf of the TRUST and to hold financial interests of the TRUST in any close corporations in such person's name nomine offici; to grant, acquire or exercise any option or right, and to lease or hire, whether as lessor or lessee, movable or immovable property of any kind and of any nature whatsoever, to improve any movable and immovable property of the TRUST FUND or in which it has an interest and, in respect of immovable property, to sub-divide or consolidate the same; to erect buildings or structures thereon and also to decide to what extent, if any, the movable or immovable property (including wasting ASSETS) of the ‘TRUST should be depreciated;Page 13 116 to sign and execute all transfers of immovable or other properties or rights, or cessions and/or assignments of any nature, bonds, pledges, consents to cancellation of bonds, releases, agreements, and/or documents such as leases, servitudes, or other deeds of any nature whatsoever, and generally all documents of any kind requisite or necessary from time to time in connection with the acquisition or realisation of the ASSETS of the TRUST and/or the carrying out of the terms of this TRUST; 7 to grant powers of attomey and to appoint attorneys and agents to act for and on behalf of the TRUSTEES and to sign powers of attorney; 11.8 to employ and delegate their powers to such attorneys, accountants, brokers, agents, financial institutions and investment or other consultants of whatever nature as the TRUSTEES may think fit in and about the affairs of the TRUST and to pay for any such professional services; 11.9 to appoint auditors and to remuneratt them; 11.10 to employ and pay any other person or persons to do any act or acts; 44.11 to open and operate one or more banking or building society accounts in the name of the TRUST; 11.12 to enter into contracts of any nature whatsoever in the exercise of their powers or their attainment of the objectives of the TRUST and to exercise such contractual rights as may be thereby acquired; 14.13 from time to time to expend monies as the TRUSTEES may deem necessary for the preservation, development and/or maintenance of any asset belonging to the TRUST or in which the TRUST has an interest, 14.14 to lend money to any person or persons, including a BENEFICIARY or the SETTLOR of the TRUST; 14.15 to grant receipts and discharges for any amounts owing or paid to the TRUSTEES and/or for any obligations of any person or persons to the TRUST; Lo Aye gw11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 Page 14 to vary at their pleasure all investments transferred to or held or made by them; to borrow monies and to pledge ASSETS of the TRUST FUND or provide other security as they may decide; to sell, by public auction or private treaty, any ASSETS or property, whether movable or immovable, or otherwise deal therein and to grant rights and servitudes: to give time or indulgence to any debtor and to enter into compromises or compositions; to enter into suretyships on behalf of any person including any BENEFICIARY or the SETTLOR of the TRUST and to pledge or mortgage as the case may be any movable or immovable property of the TRUST in support of such suretyship; Provided always that the mortgage of immovable property shall only be effected so as to benefit (directly or indirectly) a BENEFICIARY who is a natural person or other trusts whose ultimate beneficiaries are natural persons; to register any asset in the name of any person or institution chosen by the TRUSTEES, or in the name of the TRUST, or in the names of the TRUSTEES collectively; to pay out of the TRUST FUND the costs and charges incurred in connection with the formation and registration of this TRUST, all taxes, estate and other imposts levied or imposed (at the highest rate on which such Person pays the same) on the Capital or income of the TRUST for any BENEFICIARY or on account of his or her interest in the TRUST or which may be imposed on the SETTLOR or the TRUSTEES, or any of them, in respect of matters arising out of this TRUST and to determine whether or to what extent any amounts so disbursed are out of the capital or income of the TRUST FUND; to pay insurance premiums on the life of a BENEFICIARY or any other person; {0 exercise all powers that they might or could require for the due and efficient Performance of their functions as such and achievement of the intents and Purposes of this TRUST and in particular and without restricting the generality of the aforegoing to determine whether or to what extent anything received, retained or distributed by them is income or capital. - SA ‘ S Ww12. 13. 14. 14.4 Page 15 ARBITRATION In the event of any dispute, difference, deadlock or impasse arising between the TRUSTEES in connection with their duties or the administration of this TRUST, such dispute, difference, deadlock or impasse shall be resolved by arbitration pursuant to the provisions of the Arbitration Act, as amended, or any supervening or succeeding legislation. The Arbitrator shall be a person agreed upon between the TRUSTEES and failing agreement, a person nominated by the President of the KwaZulu-Natal Law Society and such person shall not necessarily be an attorney. The Arbitration shall be held in Westville. No party shall, except jointly with all the other parties, invoke the provisions of Section 23(a) of the Arbitration Act or any other similar provision which may hereafter exist. The decision of such Arbitrator shall be final and binding upon the TRUSTEES and the Arbitrator shall also be entitled to stipulate who shall pay his costs of resolving such dispute. MARRIED BENEFICIARIES ‘Any BENEFICIARY who is married and who may be in receipt of any benefit under this TRUST by virtue of the provisions of this deed shall receive and retain such benefit as his or her own, sole and separate property, and free from the community of property or accrual regime which may exist between such BENEFICIARY and any spouse by virtue of the common law or statute law of husband and wife and in the case of females free from the control, rights of administration and debts or engagements of any husband. A receipt by any female BENEFICIARY without the assistance of her husband shall be a good and valid discharge to the TRUSTEES. AVOIDANCE OF INVALIDITY OF TESTAMENTARY DISPOSITIONS Notwithstanding anything to the contrary contained in this Deed, if in the opinion of the TRUSTEES any provision of this Deed would or might invalidate a disposition made in favour of the TRUST in the Will of a person who has died, the TRUSTEES. shall, if they do not elect to repudiate the disposition or to accept the invalidity thereof, be entitled to cancel each offending provision or amend it to such extent as is necessary to avoid the invalidity and to effect such consequential amendments to this Deed as they in their discretion consider necessary. wi ®14.2 Page 16 The exercise by the TRUSTEES of the powers conferred on them in terms of sub- clause 14.1 above shall not give rise to any claim against the TRUSTEES or the TRUST, and in particular, but without derogating from the generality of the aforegoing, no BENEFICIARY or potential BENEFICIARY shall have any action against the TRUSTEES arising from the fact that they have been excluded as beneficiaries by reason of any exercise by the TRUSTEES of the power conferred on them in terms of sub-clause 14.1 above. VARIATION OF TRUST This deed may be varied by agreement in writing at any time entered into by the TRUSTEES. No such variation shall require the assent of any BENEFICIARY, notwithstanding that the benefits of the TRUST may have been accepted by him/her. THUS DONE and SIGNED by the SETTLOR at onthis \A dayof APRLUE 2016. AS WITNESSES: ICKY MCLACHLAN eAPage 17 THUS DONE and SIGNED by the TRUSTEES at onthis day of 2016. AS WITNESSES; vane 1 \ nae VICKY MCLACHLAN 2. { A } 4 L . NANDI VAN COLLER HILTON TRAFFORD WALSH S SHANNON VICTORIA WALSHPage 18 ACCEPTANCE OF TRUST AS TRUSTEE tae VICKY MCLACHLAN IDENTITY NUMBER 811102 0131 08 9 RESIDENTIAL ADDRESS: Nez1 KoucrecanestReer TELEPHONE NUMBER(S): So S32 34!% BUSINESS ADDRESS: Neer aeeucagce TELEPHONE NUMBER(S): Moot AeeLic ABLE hereby apply for appointment as Trustee in the matter of ESS TRUST B. I declare the following:- * I choose domicilium citandi et executandi for the purpose of the Trust Property Control Act, No. 57 of 1988 at the above residential address. * Lundertake to notify the Master, by registered post, within 14 days of the change of any of the above addresses. * Tunderstand the duties and penalties applying to the office of Trusteeship. * Lam not an unrehabilitated insolvent. * [am exempt from fumishing security by virtue of paragraph 2.7 of the Trust Instrument. * 1am permanently resident in the Republic of South Africa, and | undertake to advise the Master of the Supreme Court immediately should my estate or that of a person who has signed as surety for the Bond of Security be ‘sequestrated, or commit an act of insolvency, or should | proceed to reside outside the Republic of South Africa, SIGNED by the APPLICANT at Baltawen on 1m Arere 2015 AS WITNESSES: 1 Lo . ede , .Page 19 ACCEPTANCE OF TRUST AS TRUSTEE 1 NANDI VAN COLLER IDENTITY NUMBER 861201 0085 08 6 RESIDENTIAL ADDRESS: \ Pare TELEPHONE NUMBER(S): C Aq BUSINESS ADDRESS: 2, “por frenve Centunien TELEPHONE NUMBER(S): O21 32c0 1d &. hereby apply for appointment as Trustee in the matter of ESS TRUST | deciare the following:- | choose domicilium citandi et executandi for the purpose of the Trust Property Control Act, No. 57 of 1988 at the above residential address. * | undertake to notify the Master, by registered post, within 14 days of the change of any of the above addresses. * lunderstand the duties and penalties applying to the office of Trusteeship. * Lam not an unrehabilitated insolvent. * 1am exempt from fumishing security by virtue of paragraph 2.7 of the Trust Instrument. * | am permanently resident in the Republic of South Africa, and | undertake to advise the Master of the Supreme Court immediately should my estate or that of a person who has signed as surety for the Bond of Security be sequestrated, or commit an act of insolvency, or should | proceed to reside outside the Republic of South Africa SIGNED by the APPLICANT at Edlopnon on A hea\ 2015. AS WITNESSES: 1 2. fg cS1 Page 20 ACCEPTANCE OF TRUST AS TRUSTEE ' HILTON TRAFFORD WALSH IDENTITY NUMBER 870923 5035 08 4 RESIDENTIAL ADDRESS. HM 2, TELEPHONE NUMBER(S): ons 72 226 BUSINESS ADDRESS: HE vest i TELEPHONE NUMBER(S): hereby apply for appointment as Trustee in the matter of ESS TRUST | declare the following:- * I choose domicilium citandi et executandi for the purpose of the Trust Property Control Act, No. 57 of 1988 at the above residential address. * undertake to notify the Master, by registered post, within 14 days of the change of any of the above addresses. * lunderstand the duties and penalties applying to the office of Trusteeship. * lam not an unrehabilitated insolvent. * | am exempt from furnishing security by virtue of paragraph 2.7 of the Trust Instrument. * lam permanently resident in the Republic of South Africa, and | undertake to advise the Master of the Supreme Court immediately should my estate or that of a person who has signed as surety for the Bond of Security be sequestrated, or commit an act of insolvency, or should | pr reside outside the Republic of South Africa. SIGNED by the APPLICANT at ‘Sse yea fps 2015. AS WITNESSES: eAPage 21 ACCEPTANCE OF TRUST AS TRUSTEE SHANNON VICTORIA WALSH IDENTITY NUMBER 900829 0129 08 3 RESIDENTIAL ADDRESS: TELEPHONE NUMBER(S): BUSINESS ADDRESS: TELEPHONE NUMBER(S): hereby apply for appointment as Trustee in the matter of ESS TRUST | declare the following:- | choose domicilium citandi et executandi for the purpose of the Trust Property Control Act, No. 57 of 1988 at the above residential address. | undertake to notify the Master, by registered post, within 14 days of the change of any of the above addresses ! understand the duties and penalties applying to the office of Trusteeship. |! am not an unrehabilitated insolvent. | am exempt from furnishing security by virtue of paragraph 2.7 of the Trust Instrument. am permanently resident in the Republic of South Africa, and | undertake to advise the Master of the Supreme Court immediately should my estate or that of a person who has signed as surety for the Bond of Security be sequestrated, or commit an act of insolvency, or should | proceed to reside outside the Republic of South Africa, SIGNED by the APPLICANT at IQQ Lon 1A / OL, 2018, BAspLA AS WITNESSES: 1 2.A I Page 22 ACCEPTANCE OF TRUST AS TRUSTEE RYAN PAUL HOGARTY IDENTITY NUMBER 8403075073088 RESIDENTIAL ADDRESS: 23) Lglante, hol Honk TELEPHONE NUMBER(S): 033 330 Fe! BUSINESS ADDRESS: 4y Man S Monch TELEPHONE NUMBER(S): 933 _ 330 ¥?0/ hereby apply for appointment as Trustee in the matter of ESS TRUST 8. I declare the following:- | choose domicilium citandi et executandi for the purpose of the Trust Property Control Act, No. 57 of 1988 at the above residential address. | undertake to notify the Master, by registered post, within 14 days of the change of any of the above addresses \ understand the duties and penalties applying to the office of Trusteeship, Jam not an unrehabilitated insolvent. | am exempt from furnishing security by virtue of paragraph 2.7 of the Trust Instrument. | am permanently resident in the Republic of South Africa, and | undertake to advise the Master of the Supreme Court immediately should my estate or that of a person who has signed as surety for the Bond of Security be sequestrated, or commit an act of insolvency, or should | proceed to reside outside the Republic of South Africa. SIGNED bythe APPLICANT at Aued — on April. 2016. AS WITNESSES: { 5